Conveyance of vessels

CONVEYANCE OF VESSELS. The act of congress, approved the 29th July, 1850,
entitled an act to provide for recording the conveyances of vessels and for
other purposes, enacts that no bill of sale, mortgage, hypothecation or
conveyance of any vessel, or part of any vessel of the United States, shall
be valid against any person, other than the grantor or mortgagor, his heirs
and devisees, and persons having actual notice thereof, unless such, bill of
sale, mortgage, hypothecation or conveyance be recorded in the office of the
collector of the customs, where such vessel is registered or enrolled.
Provided, that the lien by bottomry on any vessel, created during her
voyage, by a loan of money or materials necessary to repair or enable such
vessel to prosecute a voyage, shall not lose its priority or be in any way
affected by the provisions of the act. See. 2 enacts, that the collectors of
the customs shall record all such bills of sale, mortgages, hypothecations
or conveyances, and also all certificates for discharging and cancelling any
such conveyances, in a book or books to be kept for that purpose, in the
order of their reception; noting in said book or books, and also on the bill
of sale, mortgage, hypothecation or conveyance, the time when the same was
received; and shall certify on the bill of sale, mortgage, hypothecation or
conveyance, or certificate of discharge or cancellation, the number of the
book and page where recorded and shall receive, for so recording such
instrument of conveyance or certificate of discharge, fifty cents. Sec. 3
enacts, that the collectors of the customs shall keep an index of such
records, inserting alphabetically the names of the vendor or mortgagor, and
of the vendee or mortgagee, and shall permit said index and books of
'records to be inspected during office hours, under such reasonable
regulations as they may establish and shall, when required, furnish to any
person a certificate setting forth the names of the owners of any vessel
registered or enrolled, the parts or proportions owned by each, if inserted
in the register or enrollment, and also the material facts of any existing
bill of sale, mortgage, hypothecation, or other incumbrance upon such
vessel, recorded since the issuing of the last register or enrollment; viz.
the date, amount of such incumbrance, and from and to whom or in whose favor
made. The collector shall receive for each such certificate one dollar. Sec.
4. By this section it is enacted, that the collectors of the customs shall
furnish certified copies of such records, on the receipt of fifty cents for
each bill of sale, mortgage, or other conveyance. Sect. 5. This section
provides that the owner or agent of the owner of any vessel of the United
States, applying to a collector of the customs for a register or enrollment
of a vessel, shall, in addition to the oath now prescribed by law, set
forth, in the oath of ownership, the part or proportion of such vessel
belonging to each owner, and the same shall be inserted in the register of
enrollment; and that all bills of sale of vessels registered or enrolled
shall set forth the part of the vessel owned by each person selling, and the
part conveyed to each person purchasing.

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